JAMES v. CHAVEZ

No. CIV 09-0540 JB/CG.

830 F.Supp.2d 1208 (2011)

Theresa JAMES, as wrongful death estate representative for Jay Murphy Sr., deceased, and as custodial parent and next friend of her daughter, M., a minor, Plaintiff, v. Martin CHAVEZ, III, individually and in his official capacity as Mayor of the City of Albuquerque, Ray Schultz, individually and in his official capacity as Chief of Police of the City of Albuquerque, Russell Carter, individually and in his official capacity as an officer of the Albuquerque Police Department "S.W.A.T." Team, Michael Fox, individually and in his official capacity as an Officer (Detective) of the Albuquerque Police Department, City of Albuquerque, as an Albuquerque Police Department, a municipal entity organized under the laws of the State of New Mexico and its law enforcement agency, Josh Brown, an Officer of the Albuquerque Police Department, individually, Defendants.

United States District Court, D. New Mexico.

November 9, 2011.


Attorney(s) appearing for the Case

James P. Lyle , Law Offices of James P. Lyle P.C., Albuquerque, NM, for Plaintiff.

Kathryn Levy , City of Albuquerque Legal Department, Albuquerque, NM, for Defendants Martin Chavez, III, Ray Schultz, and the City of Albuquerque.

Adam H. Greenwood , Douglas E. Gardner , Terri S. Beach , Luis E. Robles , Robles, Rael & Anaya, Albuquerque, NM, for Defendants Russell Carter, Michael Fox, and Josh Brown.


MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the City Defendants' Motion for Partial Summary Judgment No. I: Dismissal of Plaintiff's Fourth and Fourteenth Amendment Excessive Force Claims Against Officer Carter and Fourteenth Amendment Equal Protection Claim, filed August 16, 2011 (Doc. 103) ("MSJ"). The Court held a hearing on October 4, 2011. The primary issues are, with respect...

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